What is the case law on the right of search and seizure by police officers to enter the kitchen of a house where there is contraband in the kitchen?

California, United States of America


The following excerpt is from Dillon v. Superior Court, 102 Cal.Rptr. 161, 497 P.2d 505, 7 Cal.3d 305 (Cal. 1972):

Additional support for upholding the search and seizure is furnished by Guevara v. Superior Court, Supra, 7 Cal.App.3d 531, 86 Cal.Rptr. 657. In Guevara the officers arrested the defendant in his living room for selling heroin; one officer thereafter went through an open doorway connecting the living room and kitchen and observed contraband in plain sight in the kitchen. The court, in holding that evidence was lawfully obtained, stated (at p. 535, 86 Cal.Rptr. at p. 659), 'the officer had a right to enter the kitchen to look for possible confederates of defendant. The informant had told the officers that defendant was living with a woman, that other persons frequented the apartment, and that a buyer from San Francisco was expected momentarily--in fact that a defendant had gone home to meet that buyer. Even if (a specified matter) was not sufficient corroboration to make (the informant) . . . reliable . . ., it is clear that the officers had information as to other persons which it was their right, and their duty, to follow up. Having arrested defendant, it was not unreasonable for them to walk through the house to see if others were there and, if found, at least to interrogate them. . . .'

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